5/10/04 Commissioners Meeting Minutes

The Board of Bear Lake County Commissioners met on Monday, May 10, 2004, in the Commissioners Room of the Courthouse Annex in Paris, Idaho, beginning at 9:00 a.m. Members of the Board present included: Don C. Clark, Chairman of the Board, Dwight L. Cochran, Conrad Michaelson and Joan P. Eborn, Clerk of the Board.

Greg Skinner, Road Supervisor, Brent Bunn, Sheriff and Rosa Moosman, Editor of the News-Examiner also attended the meeting.

Commissioner Michaelson offered the opening prayer.

Chairman Clark called the meeting to order to consider the following items of county business:

SHERIFF'S REPORT
Brent Bunn, County Sheriff presented his department's report of activity for the month of April 2004. He reported another busy month, and that 56% of the 2004 jail budget had been expended so far. Sheriff Bunn commented that drug abuse in the county is on the increase. Most of those using drugs start with marijuana and move on to methamphetamines. At the high school students have learned the code for when the drug dog is going to the school and they move drugs to their pockets rather than leaving them in their lockers and/or cars. The county drug dog is doing a good job but will soon be 9 years old and needs to be replaced sometime in the near future.

Lynn Lewis, Assessor, Rodney Wallentine, Treasurer and Olean Parker joined the meeting in progress.

ASSESSMENT NOTICES
Assessor Lewis informed the Commissioners all assessment notices are required under Idaho Code to be sent out on or before the 1st Monday in June and property owners in the county will be receiving them in compliance with that requirement. He also said part of the City of Montpelier and the East Shore of Bear Lake were physically appraised and, other values for other properties in those areas have been trended. Therefore property owners may see market values changes in both of those areas based upon the on-site appraisals.

BUILDING PERMITS - DUMPSTERS/BINS
Assessor Lewis voiced concerns about the dumpsters and building permit process. Dale Thornock handles the permit applications and has questions as to the costs and size of dumpsters during the construction process. The Commissioners expressed their desire to be fair with everyone in the county but in some areas it is difficult if not impossible to place dumpsters at the construction site as some people are building where no roads exist. Others are complaining about having to pay the same fees for modular homes vs stick built homes. The Commissioners will be addressing that issue in future meetings.

More discussion took place in regards to paying Hennings Salvage Yard for providing and servicing the larger roll-off dumpsters.

Paul Underwood joined the meeting in progress.

ALLRED CENTER
Glay Homer, School Superintendent and Max Bunderson, Fair Board Chairman met with the Commissioners to discuss the school using the Allred Center for an Alternate School Site. Homer assured the Commissioners they would only be using the facility during the school year and that they would pay for the utilities, the cleaning and up to $2,000 in maintenance after that the county would have to assist. They plan to use free-standing moveable partitions for dividing classes which can be moved with little effort allowing for other activities at the Center. The figure discussed for rent was $200 per month. Homer agreed to take the information to the School Board of Directors. The School District plans to try the alternate school for a year. Bunderson indicated the Fair Board was supportive of letting the School District use the Allred Center so long as it could still be used for their monthly meetings and during the fair and available for some renting on the week-ends.

They also briefly discussed the possibility of the County returning the operation and maintenance of Allinger Park and deeding the Allred Center to the School District.

Al Harrison, Bear Lake Regional Commission joined the meeting in progress.

LAND USE ORDINANCE DISCUSSION
The Commissioners discussed the public hearing and comments on the land use ordinance that were made at the public hearing the county held on May 6th and what the law requires in regards to the adoption of the ordinance. Mitch Poulsen will be providing copies of the ordinance after formatting is completed to those who were interested in the changes and the decision as to whether or not another hearing is necessary will be addressed be the County Attorney when he is out of court sometime during the meeting.

Later during the meeting Ardee Helm, Attorney said the changes to the ordinance, (the reformatting of the document) were not substantial and he recommended passage without future hearings. However, when asked by Rosa Moosman about three readings, Helm wanted to review Idaho Law in regards to county ordinances. And due to the fact he had to leave the meeting for awhile in order to take care of another criminal matter he felt the Commissioners should table their decision until the after he returned to the meeting. Based upon Attorney Helm's recommendation Commissioner Michaelson made a motion, seconded by Commissioner Cochran to table the matter until later in the afternoon. Motion unanimously carried.

TAX DEED HEARING
Pursuant to Idaho Code 63-1005, and at the request of Treasurer Wallentine a hearing was commenced to tax deed a parcel of land up Paris Canyon to Bear Lake County as the delinquent tax had not be paid timely as required by law. He reported the other 17 parcels in question he had told the Commissioners about during their meeting on April 12th had been paid.

MAJOR MEDICAL INSURANCE PROPOSAL
April Loveland, Farmers Insurance presented a proposal for $500 deductible major medical coverage and a life policy for the county employees from Fortis Insurance Company. She also offered a dental plan for consideration.

PREVIOUS MINUTES APPROVED
Commissioner Michaelson made a motion seconded by Commissioner Cochran to approve the minutes as presented by Clerk Eborn for the regular meeting held on April 12th and for the public hearing on the Land Use Ordinance held on May 6th, 2004. Motion unanimously carried.

DOCUMENTS SIGNED
The Commissioners unanimously approved and authorized Chairman Clark to sign a Certificate of Residency for Shanna L. Nielson. They also acted unanimously authorizing Chairman Clark to sign a Memorandum of Understanding between the State of Utah Division of Parks and Recreation and Bear Lake County Waterways. Whereby the county agreed to reimburse the Parks in the amount of $3,000 within 30 days of completion of the 2004 Marina Dredging Project at the Bear Lake State Park Marina, which the county had previously agreed to during their regular meeting on April 12, 2004.

DROUGHT DISASTER DECLARATION
Commissioner Michaelson made a motion seconded by Commissioner Clark to act to declare Bear Lake County a drought disaster area. Motion unanimously carried.

BEAR LAKE WEST PROPERTY OWNERS ASSOCIATION
Jay Oberst representing the Bear Lake West Property Owners Association asked the Commissioners to take over more roads in the subdivision. It was noted not all the roads have been brought up to standard and many don't meet the county grade standard. Problems associated with gutters and run off diverted onto private property was also discussed to which Oberst answered the roads do have berms and drain onto common ground. The Road Supervisor voiced objection and concern in regards to safety for the men and equipment trying to maintain and provide snow removal on roads well above the county standard grade.

When asked Paul Underwood suggested the Commissioners conduct an on site visit of the subdivision to inspect the roads in that area prior to making a final decision.

BUSINESS PHONE SYSTEM
Dean Stutsman, Business Phone Specialists presented a proposal for an updated telephone system whereby they would install a new, state-of-the-art Partner model phone system. Incoming calls would be answered by the voice mail's auto-attendant and directed to the proper departments. Everyone in the county could transfer calls to each other plus there would be an intercom between the offices as well as caller ID capability. The cost of the system as presented would be $10,549. The county could pay for the system with a $1,000 down and the balance due on October 1st 2004. Assessor Lewis said the electricians working in the courthouse offered to run the wiring for $1,000, which is much less than Business Phone Specialists have quoted.

Commissioner Cochran made a motion seconded by Commissioner Michaelson to purchase the new phone system as presented including one caller ID in each office. Motion unanimously carried.

BOARD OF EQUALIZATION
Commissioner Michaelson made a motion to recess the regular meeting and to commence the Board of Equalization Meeting. Chairman Clark seconded the motion. Motion unanimously carried.

The Commissioners acted unanimously to review and approve 231 Circuit Breaker Exemption Applications as presented by Clerk Eborn from the Assessor's Office to be sent to the Idaho State Tax Commission for their review and approval.

At the conclusion of the Board of Equalization Meeting Commissioner Michaelson made a motion seconded by Commissioner Cochran to recess the Board of Equalization Meeting and to reconvene the regular meeting. Motion unanimously carried.

GARBAGE FEES
Robert Graser by telephone objected to the garbage fee required when he applied for a permit to build a garage up Slieghts Canyon on property he owns. He said they will only be there a few weekends a month and they are planning to build a small shed like building in the next three months. The Commissioners took the matter under advisement.

SOUTHESTERN DISTRICT HEALTH DEPARTMENT BUDGET
Ed Marugg, Southeastern District Health Department presented and reviewed information as to services provided and expenditures in SEDH budget proposal for FY 2005. As presented Bear Lake County's share of the budget would increase from $41,675 to $43,276, for an increase of $1,60l. The amount the various counties pay is determined by population growth and the market values used for taxation purposes. He invited the Commissioners to attend their Budget Hearing in Arco on May 20, 2004.

FISH HAVEN SEWER DISTRICT
Mitch Poulsen met with the Commissioners in place of Randy Einzinger concerning a recent development regarding the Sewer District indicating builders had paid the Sewer District their hook-up fee when service is not actually available to them and now three homes in that area do not have accepted sewer access. He talked up a procedure to make sure the permits, fees and work is done in proper sequence. He said the county needs a county engineer, a county planner, a building inspector and a person who could verify building permits. He suggested one person could be hired to do it all. The costs could be covered by the builder/developer. A procedure of such needs to written up and followed.

FLY IN AT THE AIRPORT
Olean Parker encouraged and invites everyone to attend the Fly In planned at the Airport this summer.

Meeting recessed for lunch reconvening at 1:30 p.m. to continue county business.

LAND USE ORDINANCE APPROVED
Based upon Attorney Helm's recommendation Commissioner Michaelson made a motion seconded by Commissioner Cochran to approve the Land Use Ordinance effective upon publication as required by law. Motion unanimously carried.

The summary as needed for publication will be prescribed by Ardee Helm, County Attorney and given to the County Clerk for publication.

SHERIFF'S OFFICE AIR CONDITIONING
After reviewing quotes from Jacobsen Heating - $3,975.50 and Bear Lake Heating - $4,150 for installation of an air conditioning system in the Sheriff's Office, Commissioner Michaelson made a motion seconded by Commissioner Cochran to accept the quote from Bear Lake Heating. Motion unanimously carried. Clerk Eborn was authorized to contact Don Braum, Bear Lake Heating and advise him to proceed with installing the system.

BUTLER ENGINEERING PROPOSAL
Robert Butler, Engineer presented information to the Commissioners in regards to various projects he's been involved in and asked them to consider using him and his firm to provide engineering services for the county as needed. He also offered to provide a copy a Bingham County Ordinance declaring road standards for that county.

ROAD & BRIDGE ACTIVITIES
Greg Skinner, Road & Bridge Supervisor indicated they are busy repairing roads and have been working specifically on the North Beach Project and Canal Road to the Airport. Bids for the water truck will be opened May 17th. The county roller is fixable but Skinner still thinks the county needs to lease another one for part of the summer. A young man has offered to install signs in the Wardboro area for his Eagle Scout Project if the county is willing to provide the signs. The price for gravel for chips or asphalt from the Lee Raymond Pit was discussed and it was decided they county would offer him the same amount paid to Jim Saxton, 50 cents a yard

At his request, it was unanimously agreed Steve Higgins would be paid for the equipment he uses when testing for methane gas at the Landfill.

After discussion about the applications received during the hiring process for two full time employees and determining that the conditions of the personnel manual requirements were being complied with the Commissioners acted unanimously authorizing Skinner to hire three part-time employees for summer work at the Road & Bridge Department.

Skinner reported a property owner up Pole Canyon Road had been advised to move his fence line back. The man had already drilled the holes where the old fence line was and he was informed the original fence line had actually been to close to the county right-of-way.

PROSECUTING ATTORNEY'S OFFICE - SALARY ADJUSTMENT
Marcia Singleton met with the Commissioners at Attorney Helm's request to discuss the wages paid to her by the county. After being assured by both Attorney Helm and Marcia Singleton that she is indeed a full time county employee and after comparisons with other full time county employee salaries, Commissioner Cochran made a motion seconded by Commissioner Michaelson to increase her salary from $l,882 per month to $2,275 per month plus a longevity benefit of $50 per month. Motion unanimously carried.

CANYON ESTATES PROPERTY OWNERS ASSOCIATION
Al Harrison expressed concern about the travel on Fish Haven Canyon Road if Canyon Estates are successful in keeping that road closed to the public and that gates are closed at this time. During an earlier meeting the developer had agreed to make the road public if the county would provide some maintenance, later however, the Homeowners Association had notified the Commissioners by letter indicating they wanted the road left as a private road.

CLAIMS ALLOWED PAID
The Commissioners reviewed and approved claims as submitted authorizing Clerk Eborn to make payment as follows.

Meeting adjourned subject to recall by the Chairman or his order.

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5/17/04 Commissioners Meeting Minutes

The Board of Bear Lake County Commissioners met briefly on Monday, May 17, 2004, beginning at 11:00 a.m., in the Commissioners Room of the Courthouse Annex in Paris, Idaho as previously advertised. Members of the Board present, Don C. Clark, Chairman of the Board, Dwight L. Cochran and Joan P. Eborn, Clerk of the Board. Commissioner Michaelson was unable to attend the meeting.

Greg Skinner, Road & Bridge Supervisor, Paul Underwood, Bill Stock, Don and Scott Hennings also attended the meeting.

Chairman Clark called the meeting to order to consider county business as follows.

WATER TRUCK BID OPENING
No bids were received for a used water truck as called for pursuant to Idaho Code 41-4004. Discussion commenced as to the possibility of leasing a truck or buying a 1995 truck from Modern Machinery, who had quoted a price of $60,000. A decision will be made at a later date.

SOLID WASTE HOPPER ACQUISITION
Don and Scott Hennings, representing Hennings Salvage presented a blank contract for review in regards to providing hoppers and dumping them. After a review of the contract they presented the Commissioners unanimously agreed that Hennings Salvage would furnish three hoppers for delivery at various construction sites as deemed necessary by the county for a rental fee of $3.00 per day, plus an additional $1.35 per mile for dumping. Hennings Salvage also agreed to dump Bear Lake County Hoppers for $1.35 per mile for dumping. The contract would be valid for a period of (6) six months.

BEAR LAKE COUNTY LAND USE ORDINANCE 2004-02
Bill Stock informed the Commissioners he feels there are still areas in the ordinance that have not been corrected such as the allowed dimension of outside buildings compared to the residential building on page 59 and some additional wording concerning variances allowed on page 70 that had been added.

Clerk Eborn presented the legal notice for publication, which is a summary of the Bear Lake County Land Use Ordinance 2004-02 prepared by Ardee Helm, County Attorney for the Commissioners approval and signatures. They acted unanimously to approve and sign the legal notice as presented for publication on May 19, 2004.

The meeting adjourned subject to recall by the Chairman or his order.

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5/6/04 Commissioners Public Hearing Minutes

The Board of Bear Lake County Commissioners met on Thursday, May 6, 2004 at 7:00 p.m. in the Bear Lake County School Board Room, in Paris, Idaho to hold a public hearing and receive public input and make a decision on the adoption of the Bear Lake County Land Use Ordinance. Members of the Board present: Don C. Clark, Chairman of the Board, Dwight L. Cochran, Conrad Michaelson, and Colleen Kelsey, Deputy Clerk.

Others in attendance were: Ardee Helm, Jr., Prosecuting Attorney, Mitch Poulsen, Planning and Zoning, Rosa Moosman, Editor for the News-Examiner, Mike Derricott, Henry Howell, Ann Massey, and Ron Jensen, Planning and Zoning Members, Judy George, Paul Underwood, Vaughn Rasmussen, Randy Erickson, Glen Eborn, Blake Bair, Renee Howell, Bill Stock and Ann Bittner, County residents.

Chairman Clark called the meeting to order and asked for comments to be kept to 5 minute increments.

Attorney Helm asked for comments:

Ann Bittner, Fish Haven resident stated she would like to postpone the meeting to a later date for the fact that the new revised copy of the ordinance had not been available to the public in a substantial enough time limit for verification of the changes made from the old ordinance. Ann submitted to the Commissioners Idaho Statute regarding notifications and adoptions of ordinance and time limits.

Attorney Helm noted the comment was well taken, but they would proceed with the hearing to obtain comments, and no decision would be made at this time as a result of this fact.

Mitch Poulsen, Planning and Zoning gave a brief presentation of the Land Use Ordinance. He discussed it's purpose is for all unincorporated land in the county and it's requirements which are to protect and preserve the county and the quality of life in the county. Mitch discussed the changes that had been made to the Ordinance, the main elements and the Land Use Matrix guide for development.

Bill Stock, Fish Haven resident made comment that he had no objections to the Land Use Ordinance, but made many comments in regards to the changes and/or problems that he foresaw in the docoument that could be revised or made simpler.

Ann Bittner commented on the law enforcement issues and noted that there is a problem in the county.

Attorney Helm made closing remarks and said that the comments and questions were noted and would be looked at.

Commissioners agreed to have Planning and Zoning revise the Ordinance and noted that it would be placed upon the Commissioners agenda for Monday, May 10, 2004 and at that time a decision would be made and another public hearing would be scheduled.

Chairman Cochran adjourned the meeting.

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5/6/04 Commissioners Notice of Public Hearing

Notice is hereby given that the Board of Bear Lake County Commissioners will be holding a public hearing on Thursday, May 6, 2004, at 7:00 P.M., in the School Board Room of Paris Elementary School in Paris, Idaho to receive public input on the adoption of the “Bear Lake County Land Use Ordinance”.

Anyone wishing to review a copy of the Ordinance may contact the Bear Lake Regional Commission between the hours of 8:00 A.M. to 4:30 P.M., Monday thru Friday or the Bear Lake County Clerk’s Office during the hours of 8:30 A.M. to 5:00 P.M., Monday thru Friday.

The Commissioners will also be meeting immediately following the public hearing to make a decision on the Bear Lake County Land Use Ordinance.

BEAR LAKE COUNTY

DON C. CLARK, Chairman of the Board

JOAN P. EBORN, Clerk of the Board

Published: April 21, 2004, April 28, 1004

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